In Matter of Jeselle K.J. v Alexis J., the Appellate Division, First Department, unanimously upheld a Bronx County Family Court decision denying a maternal grandmother’s petitions for custody and visitation of her eight-year-old grandchild and continuing the child's placement in foster care. The opinion reflects the court’s strong deference to the Family Court’s fact-based and credibility-laden determinations.
The case centered on competing interests: the grandmother’s desire to gain custody of the child she had not cared for since age two, and the state's assessment of the child’s best interests, given her bond with a long-term foster mother. The foster parent had provided consistent care and support for the child—who has documented special needs—demonstrating the capability to meet those needs in a loving and stable environment. In contrast, the grandmother’s approach was undermined by her unwillingness to acknowledge the child's mental health diagnoses and need for special education services. Her minimization of the child’s behavioral issues and failure to support educational interventions weighed heavily against her fitness as a guardian.
In addition, the appellate court emphasized troubling observations from supervised visits: the grandmother was unable to manage the child’s behavior, proposed unrealistic caregiving plans, and raised ongoing safety concerns. Without presenting sufficient evidence to rebut these concerns or to establish a viable alternative placement plan, the grandmother failed to overcome the presumption in favor of continuing the child’s stable foster care arrangement.
The ruling is a reaffirmation of the “best interests of the child” standard and the importance of a caregiver’s ability to meet both the emotional and developmental needs of a child—particularly where special care is required. The court cited multiple precedents to support its analysis, echoing a consistent judicial emphasis on stability, bonding, and the credibility of family court assessments.
In family law, love needs backup ....
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DECISION